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The South African Human Rights Commission (SAHRC/the Commission) has released its investigative report into wastewater infrastructure failures and the contamination of rivers, estuaries and coastal waters in selected areas of Kouga Local Municipality, Nelson Mandela Bay Metropolitan Municipality and Buffalo City Metropolitan Municipality.

The investigation followed complaints, stakeholder representations and recurring public reports concerning sewage spills, failing wastewater infrastructure and risks to rivers and beaches. The Commission commissioned an accredited laboratory to conduct independent sampling, considered municipal monitoring data and oversight findings, inspected the available evidence and afforded affected municipalities an opportunity to comment on the provisional report.

The report found that some coastal sites, including Nahoon and Gonubie, reflected comparatively favourable microbiological conditions on the day of sampling. However, serious failures were identified elsewhere. West Bank produced the most severe result, recording E. coli of 616 000 per 100 millilitres and near-total oxygen depletion. Kouga’s own data showed that final effluent at the Jeffreys Bay and KwaNomzamo wastewater treatment works remained non-compliant, while New Brighton and Hobie beaches in Nelson Mandela Bay recorded materially elevated contamination on 16 March 2026.

The Commission finds that wastewater pollution implicates the rights to dignity and to an environment that is not harmful to health or well-being. The report does not declare every affected beach permanently unsafe, but confirms that water quality may deteriorate rapidly and requires regular testing, prompt public warnings and effective investigation of pollution sources.

The Commission has directed Buffalo City to submit a 14-day emergency intervention plan for West Bank and undertake weekly monitoring until stable compliance is demonstrated. Kouga and Nelson Mandela Bay must strengthen treatment performance, monitoring, public-risk communication and remedial action. The Department of Water and Sanitation, environmental authorities and the provincial government are also required to consider regulatory, enforcement and oversight action. All respondents must provide measurable implementation reports supported by evidence, budgets, responsible officials and timelines.

“Plans and infrastructure projects are not proof of compliance. The test is whether wastewater systems consistently produce lawful results, prevent sewage from entering public water environments and protect communities.”

Issued by South African Human Rights Commission